Sorry for the delay in replying, I was not able to submit my response to the IAS until 06/01/2026. I had the following Operator Prime Facie case come through yesterday.....
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The operator made their Prima Facie Case on 12/01/2026 13:11:37.
The operator reported that...
The appellant was the keeper.
The operator is seeking keeper liability in accordance with PoFA..
The Notice to Keeper (Non-ANPR) was sent on 04/11/2025.
The ticket was issued on 30/10/2025.
The charge is based in Contract.
The operator made the following comments...
The driver has parked outside of a marked bay.
The appellant has parked within clear view of our sign and there is clear signage throughout the car park. This can be seen in the attached document ‘70130977'.
Signage clearly states "YOU MUST PARK WHOLLY WITHIN A MARKED BAY. NO PARKING ON ROADWAYS / YELLOW LINES / PAVED / HATCHED OR LANDSCAPED AREAS".
It is the driver's responsibility to ensure the vehicle is parked wholly within a designated parking area/bay, prior to parking within a restricted area.
The Registered Keeper did not name the Driver, therefore, as we have fully complied with Schedule 4 of PoFA 2012, we are holding the Registered Keeper liable for this PCN.
The site in question has been audited and approved by our governing body; therefore, it meets the requirements of their Code of Practice. Our signage on site is at industry standard and contains full and legible terms and conditions of parking; these are also clearly positioned so that they are obvious to the motorist. The Code clearly states, "The IPC will audit signage to ensure that the Terms and Conditions are suitable to form the basis of a contract and to make certain that they are clear, concise, unambiguous, and not misleading".
The signage on site complies with current regulations and is sufficient to have brought the terms of parking to the driver's attention. The signage is neither misleading nor unclear and exists in the immediate vicinity of the Appellant's vehicle.
All signage is visible during night time hours. Illumination from street lighting and vehicle headlights ensures that the signage remains clearly legible.
The courts have interpreted parking as including stopping, so long as the vehicle is stationary and in a fixed position for a period of time, no matter how short or whether the vehicle remains occupied or vacant. The photographs demonstrate the Appellant's vehicle was stationary for at least 6 minutes; therefore, the vehicle is parked.
By parking and remaining on the site, the Driver has entered into a contract as outlined by the signage and agreed to comply with its terms. The signage clearly states the terms and conditions of parking, and this Parking Charge Notice (PCN) has been issued under Contract Law. Given the clarity of the signage, the driver had ample opportunity to decide not to park and exit the site, thereby avoiding liability for a PCN.
By the appellant parking at the restricted area, they have contractually agreed to pay the parking charge notice.
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As part of the response they have provided the following documents:
Case Pack
https://drive.google.com/file/d/1sC-QdAUA311J45BeOUtRYewLxE_yWaBK/view?usp=sharing ---------------------------------------------
Google's AI is suggesting the following response:
Appellant’s Rebuttal to Operator’s Prima Facie Case
1. Failure to Observe Mandatory Consideration Period
The Operator’s evidence confirms a total observation period of only six minutes. Under Section 5.1 and Annex B (Table B.1) of the Single Code of Practice (June 2024), a mandatory Consideration Period must be granted. Section 2.9 defines this as the time needed for a driver to "read and understand the applicable terms and conditions and decide whether to accept them."
Given the darkness at 20:48 on 30th October 2025, six minutes is objectively insufficient to navigate the site, locate the sign, and digest the terms. By their own admission, the Operator issued this charge before the mandatory minimum period had elapsed.
2. Failure of Proof: Vehicle Location vs. Site Boundaries
The Operator has provided in evidence a site map entitled 'Dot Map' , 'Queens Road - Dot Map' showing a red-line boundary. However, Exhibit 1 (the PCN) fails to provide a contextual, wide-angle photograph showing the vehicle’s position relative to these specific boundaries. The images provided are tight, low-resolution crops that do not distinguish between the private land and the immediately adjacent public highway.
I put the Operator to strict proof that the vehicle was entirely within the red-line boundary. In the absence of such evidence, the burden of proof is not met.
3. Distinction Between "Stopping" and "Parking"
The Operator incorrectly asserts that "stopping... no matter how short" constitutes parking. I draw the Assessor's attention to the persuasive appeal court judgment in Jopson v Homeguard [2016] B9GF0A9E (Attached).
HHJ Harris QC ruled (Para 20) that "merely to stop a vehicle cannot be to park it." * A six-minute stop for passenger collection is a "stop" in the course of driving (Section 2.35 of the Code) and not "parking" as defined in Section 2.19.
4. Prohibitory Signage and Lack of Standing
The Operator’s signage included in it's evidence as 'Revised CCTV A Sign 2022' explicitly states: “NO PARKING ON ROADWAYS / YELLOW LINES.” * Under PCM-UK v Bull et al [2016], it was established that "forbidding" signage cannot form a contractual offer. One cannot contract to do that which is forbidden.
This is a matter of Trespass, not Contract Law. As the Operator is not the Landowner and has provided no unredacted evidence of a deed specifically granting them the right to sue for trespass in their own name, they have no standing to bring this claim.
5. Inadequate Illumination and "Camera Vision"
The Operator relies on images from high-sensitivity CCTV/ANPR cameras (referenced in Section 2.26 of the Code).
These systems use digital enhancement and infrared sensors to "see" in the dark. This does not replicate human visibility.
Section 3.1.6 requires signs to be legible in all lighting conditions. The Operator has produced no non-enhanced evidence proving the terms were prominent and readable to a human motorist at 20:48, failing the test of prominence in ParkingEye v Beavis [2015].
Conclusion
The Operator has admitted to a timeframe that breaches the mandatory Consideration Period, failed to prove the vehicle was within the contractual boundary, and relied on prohibitory signage for which they lack standing to enforce. I invite the Assessor to allow the appeal.
Thoughts?

Thanks in advance?